STATE OF J&K Vs. SHOWKAT ALI

JUDGEMENT

(1.) The appellant/State has challenged judgment dtd. 7/1/2012 passed by the learned 2nd Additional Sessions Judge, Jammu (hereinafter referred to as the "trial Court") whereby, in a case arising out of FIR No. 116/2000 for offences under Ss. 307/324/326/336/337 RPC registered with Police Station, Bagh-e- Bahu, Jammu, the respondents/accused have been acquitted of the charges.

(2.) The facts, leading to filing of this appeal, are that on 5/4/2000, PW Mohd Ashraf while undergoing treatment in Government Medical College Hospital, Jammu for the injury received by him, made a statement before the police that on the aforesaid date at about 10.30 am when he reached his in-laws" house at Raika, he saw a number of people having gathered over there. He further stated that his father-in-law Siraj Din and respondent No.1/accused were having a long standing land dispute going on between them. On account of this, the respondents/accused along with 8/10 more persons had come on spot. It was further stated that the respondent No.1/accused Showkat Ali with an intention to commit murder of PW Mohd Ashraf launched a murderous attack on him with a Pathi on left side of his head which resulted in grievous injury to him. It was also alleged that the other respondents/accused were carrying clubs and axes in their hands, but they did not launch any attack upon him. When some people came on spot, the respondents/accused fled away from the spot and PW Mohd Ashraf fell down unconscious.

(3.) On the basis of the aforesaid statement of PW Mohd Ashraf (EXPW-MA), an FIR came to be registered and the investigation was set into motion. During the course of investigation, the statements of witnesses under Sec. 161 of the Cr.P.C. were recorded and other evidence including revenue record pertaining to the place of occurrence was collected. The weapon of offence was seized based on the disclosure made by respondent No.1/accused. The injured PWs Mohd Ashraf, Mst. Fimo Bibi, Showkat Ali and Sheeda Bano were subjected to medical examination and the reports in this regard were obtained. After investigation of the case, offences under Ss. 307/326/324/336/337/447/448 RPC were found established against the respondents/accused and the charge-sheet was laid before the learned trial Court.